Court Report

The Attorney General’s office has offered a plea agreement to a Manumalo teacher accused of inappropriately touching a female student.

The science teacher, Dave Tupua who’s facing charges of false imprisonment and two charges of third degree assault for offensive touching, appeared in the District Court yesterday on the status of his Jury Trial that was set for next week Friday.

The defendant has attained a new lawyer, Barry Rose, replacing Fiti Sunia. Rose said in court that a plea offer has been handed over for his client, however they have yet to fully discuss the details of the plea and more time is needed.

District Court Judge John Ward reminded that a Jury trial in this matter is set for next week and he does not want to have 40 or 50 members of public to come in for jury selection and have this matter resolved with a plea agreement.

Rose noted that a one-week continuance will be enough to discuss with his client the details of the plea offer. Assistant Attorney General Camille Philippe who’s prosecuting declined to disclose the details of the offer that was presented to the defendant in this matter.

Judge Ward accepted the request and took this matter off Jury Trial Calendar and set a new pre-trial conference date for September 14, 2012.

BUSINESS MAN RELEASED ON BAIL & DENIES CHARGES AGAINST HIM

A businessman accused of raping his wife’s 16-year-old niece on several occasions has denied the charges against him when he was arraigned in the High Court yesterday. Presiding over this matter was Associate Justice Lyle L Richmond and Associate Judge Mamea Sala Jr.

The defendant who has been in custody on bail of $50,000 for several days was released from the Tafuna Correctional Facility on Wednesday.

Samoa News is withholding the defendant’s name to protect the identity of the victim. The businessman is charged with rape, sodomy with a child, sexual abuse first degree and endangering the welfare of a child.

It’s alleged sexual incidents occurred three to four times a week starting about one week after the victim moved in with her Aunt and her Aunt’s husband, sometime in June or July 2012

Sharron Rancourt represents the defendant while prosecuting is Assistant Attorney General Camille Philippe.

PLEA OFFER FOR RAPE DEFENDANTS INVOLVING ONE VICTIM

Two men facing charges of rape in connection with a sexual related case involving one girl have received plea offers from the government. The defendants are “John” also known as Lemisio Taetuli and the victim’s uncle, whose name is being withheld to protect the identity of the victim.

Taetuli who remains in custody with bail set at $50,000 is charged with rape, sodomy with a child, deviate sexual assault with a child, sexual abuse first degree and endangering the welfare of a child.

The uncle is being held on $25,000 bail and is charged with rape, sexual abuse first degree and endangering the welfare of a child.

Assistant Public Defender Leslie Cardin told the court that she just received an oral plea deal from the government and has yet to discuss it with the defendants. Cardin anticipates that this matter is most likely to be resolved with a plea agreement.

According to the government’s case, the incidents came to light when the victim ran away from home and a report was filed with police.

It’s alleged the victim, now 14 years old, told the police that sexual incidents started between her and “John” also known as Lemisio Taetuli when she was 12 years old.

Court filings say the 32-year-old uncle, touched the victim inappropriately and forced her to have sex with him.

According to the government’s case, between August 2009 and February 2012 Taetuli performed oral sex on the victim and they had sexual intercourse on many occasions.

Court documents say the victim told police that when she was an eighth grader, the defendant forced her to perform oral sex on him in the bathroom, causing her to vomit, then afterwards gave her $20 and told the victim not to tell anyone.

It’s alleged that Taetuli had sexual intercourse with the victim many times, either in the bathroom or in Taetuli’s bedroom.

Court documents state that Taetuli, admitted to police that he had oral sex and sexual intercourse with the victim when she was 12 years of age and he gave the victim money after they had sexual intercourse or oral sex.

In the government’s case against the uncle, the victim told police that between September and November 2009 she felt someone touching her breast while she was sleeping.

According to the government’s case, the second incident occurred between August and September 2010, where the uncle forced the victim to have sexual intercourse and they continued to have sexual intercourse many times after the second incident.

The victim told police the last time she had sex with her uncle was in January 2012. According to the government’s case the uncle also admitted to having sex with his niece in January 2012.

The defendants are both represented by the Public Defender’s office while prosecuting are Deputy Attorney General Mitzie Jessop and Assistant Attorney General Camille Philippe.

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